Regulation of the Decision-Making Process in Accordance with the Housing Law

In order to further regulate certain matters within its competence, the Housing Regulatory Commission adopted the Rulebook on Decision-Making by Owners of Separate Units, Selection of a Property Manager or Homeowners’ Association, and Termination of the Contract for the Provision of Property Management Services in Residential Buildings, published in the Official Gazette of the Republic of North Macedonia No. 231/2025 of 14 November 2025.

The adopted Rulebook regulates the manner of decision-making by owners of separate units, the selection of a property manager or homeowners’ association, as well as the termination of contracts for the provision of property management services in residential buildings. In accordance with the Rulebook, owners of separate units make decisions on matters related to the maintenance and management of a residential building at a Meeting of Owners or by signing a written statement containing the proposed decision. In addition to physical presence, a Meeting of Owners may be organized, subject to the consent of the majority of owners of separate units in the building according to ownership shares, through conference or telephone calls or by using other internet-based audio and visual communication equipment.

The Rulebook provides that the owners of separate units present at the meeting are required to sign the List of Owners of Separate Units, while the person who submits the data to the legal entity with whom a contract for the provision of property management services is concluded or terminated must complete a Statement on the Authenticity of the Data, under moral, material, and criminal liability, certified by a notary public.

The provisions of the Rulebook stipulate that the List of Owners of Separate Units in a building must contain the apartment number, land registry number, square meters of the separate unit, full name and abbreviated signature of the owners of separate units, date of adoption, contact telephone number and/or email address.

The adopted Rulebook also provides that owners of separate units may adopt decisions related to the management and maintenance of the residential building, as well as decisions on the selection or termination of a contract with a property manager or homeowners’ association, only if such decisions are approved by the majority of the owners of separate units in the building according to ownership shares, i.e., owners who hold more than half of the total separate units in the residential building. By exception, owners of separate units may also express their decision by signing a Statement, which must clearly specify the content of the decision, the full name and abbreviated signature of the owner, apartment number, date of adoption and signing of the decision, as well as a contact telephone number and/or email address.

Among other matters, the provisions of the Rulebook establish that a decision to terminate a contract for the provision of property management services may also be made by the property manager, by submitting a written notice to the Meeting of Owners with a notice period of no less than two months.

The purpose of adopting the Rulebook by the regulator is, through such detailed regulation of the decision-making process of owners of separate units in residential buildings, to resolve disputed issues and problems faced by owners in the course of the building’s day-to-day functioning. Furthermore, the adoption of the Rulebook serves to standardize the decision-making process and the documentation required to be prepared and submitted to the Housing Regulatory Commission as the competent authority in this field.